Operating a vehicle well distracted is reckless, and it can lead to major accidents. Any individual harmed due to the actions of a distracted driver should consider reaching out to a Buffalo car accident attorney as quickly as possible. Unfortunately, insurance carriers make it hard to recover compensation after these types of incidents occur, which could leave you recovering less compensation than you are entitled to. This is why it is important to hire a competent and experienced Buffalo distracted driving accident lawyer.
What Constitutes Distracted Driving in Buffalo?
Distracted driving involves any activity that diverts attention from driving. This can include:
- Texting or using a mobile phone. This is one of the most dangerous distractions, as it combines visual, manual, and cognitive distractions. Even a quick glance at a phone can result in significant accidents.
- Eating or drinking. Consuming food or beverages while driving can take your hands off the wheel and your focus off the road.
- Talking to passengers. Engaging in deep conversations with passengers can take your mind off driving and reduce your reaction time.
- Adjusting the radio or climate controls. Changing the settings of the car’s internal systems can distract you from driving, especially in heavy traffic.
- Using GPS devices. Entering addresses or looking at maps while driving can divert your attention and lead to accidents.
What are Buffalo’s Distracted Driving Laws?
New York has stringent laws in place to combat distracted driving. According to the New York State Department of Motor Vehicles (DMV), it is illegal to use handheld electronic devices while driving. This includes:
- Texting. Writing, sending, or reading text messages while driving is prohibited.
- Talking on a handheld phone. Drivers are not allowed to hold a phone to their ear while driving.
- Using apps or browsing the internet. Any use of handheld electronic devices for activities other than GPS navigation is banned.
The penalties for violating these laws include fines and points added to the driver’s license. For instance, using a handheld mobile phone while driving can result in a fine of up to $200 for a first offense, with additional fines for subsequent offenses. Drivers will also incur five points on their driving record for each offense, which can lead to increased insurance costs for you and potential license suspension.
How Can Victims of Distracted Driving Recover Compensation?
Victims of distracted driving accidents in Buffalo can pursue several avenues to recover compensation for their losses. These include:
- Filing an insurance claim. New York operates with a no-fault insurance setup, which means that after an accident, your own insurance policy will cover your medical expenses and lost income (only up to a certain limit), regardless of who was at fault. However, if your injuries are severe and exceed the no-fault coverage limits, you can file a claim against the at-fault driver’s insurance.
- Proving negligence. To recover compensation from the at-fault driver, you will need to prove that their negligence caused the accident. Evidence such as law enforcement accident reports, witness statements, and cellphone records can help establish that the driver was distracted.
- Seeking compensation for damages. Compensation can cover various losses you incur, including medical expenses, lost wages, pain and suffering, and property damage.
If a loved one was fatally injured due to a distracted driver, contact our Buffalo wrongful death lawyer to see how you can pursue compensation and justice for your loss.
Call a Distracted Driving Accident Lawyer Now
If you or a loved one has been harmed in a distracted driving accident, it is crucial to seek legal assistance immediately. Our team of Buffalo personal injury attorneys at Towey Law, PLLC, is ready to help you navigate the complexities of your case and work towards securing the money you need. We understand the challenges you face and will provide the dedicated support you need.
You can reach out for a free consultation by filling out our contact form or calling us at (716) 300-8232. Do not let insurance companies shortchange you; let us fight for your rights and help you on the path to recovery.